Ulster-Scots Agency

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 14 September (WA 180), whether an Irish language speaker in Ireland could, as a result of the Official Languages Act 2003 enacted by the Republic of Ireland, require the Ulster-Scots Agency to communicate with him or her only in Irish.

Baroness Amos: The Official Languages Act 2003 was enacted by the Irish Government and its detailed interpretation is therefore a matter for the relevant authorities in Ireland and the Irish courts.

Ulster-Scots Agency

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 12 October (WA 50) concerning bullying allegations, what was the outcome of the investigations by the Department of Culture, Arts and Leisure concerning the Ulster-Scots Agency.

Baroness Amos: As the then chairman of the Ulster-Scots Agency, the noble Lord was informed by the Department of Culture, Arts and Leisure in its letter dated 21 August 2003 that the outcome of both allegations of bullying were:
	(i) The civil servant who had made the allegation had advised the department that she saw no benefit in pursuing the issue as the agency employee against whom the complaint had been made had since retired and was currently living abroad and outside the jurisdiction.
	(ii) The department did not receive any replies to its correspondence with the person whom the consultant, then employed by the Ulster-Scots Agency, had named in a complaint against the agency. Thus it was concluded upon legal advice that the complaint could not be effectively and conclusively investigated and the matter resolved.

Cross-Border Implementation Bodies

Lord Laird: asked Her Majesty's Government:
	Whether any complaints of bullying and staff harassment have been made to the Northern Ireland Department of Culture, Arts and Leisure concerning Cross-Border Implementation Bodies; if so, how many; on what date they were received; and what action has been taken in respect of them.

Baroness Amos: There have been four such complaints. They were made on 28 April 2001, 8 May 2001, 20 January 2003 and 4 May 2004. Three were dealt with as set out in the Answers I gave the noble Lord on 12 October (Col. WA50) [HL 4145] and HL4146]. The fourth is being considered by the two sponsor departments and will be dealt with by the body concerned under internal procedures.

Waterways Ireland

Lord Laird: asked Her Majesty's Government:
	Whether the agreement of 30 March 2001 between the sponsoring departments and the Irish Municipal Public and Civil Trade Union concerning the conditions of relocation, staffing and appointments of Waterways Ireland has been adhered to in all aspects; and, if not, in what respect.

Baroness Amos: The two sponsoring departments for Waterways Ireland are the Department of Culture, Arts and Leisure (DCAL) in Northern Ireland and the Department of Community, Rural and Gaeltacht Affairs in the south.
	There is no such agreement between the sponsoring departments and the Irish Municipal, Public and Civil Trade Union (IMPACT). However, I understand that an agreement of the sort referred to in the noble Lord's Question was entered into between the Republic of Ireland, former Department of Arts, Heritage, Gaeltacht and the Islands (DAHGI) and IMPACT but it would be inappropriate for Her Majesty's Government to comment on it.

Waterways Ireland

Lord Laird: asked Her Majesty's Government:
	Whether the report of the chief executive of Waterways Ireland on 26 June 2002 to the North/South Ministerial Council included reference to the appointment of a director of marketing and communications; and, if so, what was the wording of the reference.

Baroness Amos: In his report to the North/South Ministerial Council on 26 June 2002, the chief executive of Waterways Ireland stated that a separate paper is being presented to the meeting, on the current staffing position.
	In the staffing report the reference to recruitment of directors is as follows:
	"Since November 2001 four directors have taken up their posts. These are:
	Director Operations
	Director Finance & Personnel
	Director Technical Services
	Director of Marketing & Communications
	The Director of Corporate Services has just been advertised. Interviews to be held in July."

Northern Ireland: Paramilitary Intimidation

Baroness Blood: asked Her Majesty's Government:
	How many people have been prosecuted in each of the past five years for committing, or being involved in the commission of, a paramilitary punishment attack in Northern Ireland; and, of those prosecuted, how many have been convicted.

Baroness Amos: There is no legal offence of paramilitary attack. Certain scheduled offences—for example assault occasioning actual bodily harm or grievous bodily harm—may relate to paramilitary assaults but to disaggregate such attacks would incur a disproportionate cost.

Northern Ireland: Paramilitary Intimidation

Baroness Blood: asked Her Majesty's Government:
	How many people have been required to leave Northern Ireland in each of the past five years as a result of intimidation by paramilitary organisations; and how many have been prosecuted in each of the past five years for playing a part in such intimidation.

Baroness Amos: There are no official figures on the number of people exiled from Northern Ireland as a result of paramilitary intimidation as not all incidents are reported. The needs of exiles are examined in detail in the legacy report, an independent needs analysis of victims of the Troubles living in Great Britain. One of the major contributors to this research was Maranatha, a Christian community which has considerable experience in this area. Maranatha estimates that around four people per month are exiled from Northern Ireland to Great Britain.
	Over the five-year period (1999–2003) a total of 16 persons were proceeded against (in scheduled cases) for offences of intimidation. However, information on the specific background of such offences, for example whether the offences resulted in the victim having to leave Northern Ireland, are not maintained.

Tourism Ireland: Funding

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 12 October (WA 51), why Tourism Ireland's increase in budget for 2003 and 2004 was regarded as necessary for care and maintenance, while a similar request for funding by the Ulster-Scots Agency was not granted.

Baroness Amos: All cross-border bodies continue to operate on a care and maintenance basis only while the Northern Ireland Assembly is in suspension. Under care and maintenance, the bodies may not undertake new functions, but the resource needs required to deliver their existing functions will vary between bodies and over time. A body may therefore receive an increase in its budget provided it relates to the continuation of policies and activities agreed by the North/South Ministerial Council.
	In each case the assessment of a body's resource needs is based on budgetary requirements identified in its corporate and operating plans with each case being judged solely on its merits.

Waste Disposal

Lord Maginnis of Drumglass: asked Her Majesty's Government:
	Whether in the light of the BBC's "Spotlight" programme on 19 October on illegal dumping of waste, including medical waste, they will clarify the criteria for the issue of licences for waste disposal in (a) Northern Ireland and (b) Scotland.

Baroness Amos: In Northern Ireland the criteria for issuing licences for waste management activities such as waste transfer stations, amenity sites, recycling treatment facilities and bring banks are contained within the Waste Management Licensing Regulations (Northern Ireland) 2003.
	Landfill sites and larger waste management facilities which result in the disposal of waste require pollution prevention and control (PPC) permits. The criteria for issuing such permits are contained within the Pollution Prevention and Control Regulations (Northern Ireland) 2003. Guidance notes for specified waste streams are also available for applicants.
	There is no legal definition of medical waste; reference is made to "clinical waste". Some clinical waste is also classified "special waste" and would be subject to control under the Special Waste Regulations (Northern Ireland) 1998. These apply over and above other waste management controls.
	In Scotland the relevant legislation is the Waste Management Licensing Amendment (Scotland) Regulations 2003 and the Pollution Prevention and Control (Scotland) Regulations 2000.
	The criteria for the issue of licences for waste disposal in Northern Ireland and Scotland are broadly similar.
	Copies of the Northern Ireland legislation are available in the Library. However, extensive details of waste legislation, guidance notes and licensing advice for the UK as a whole can be found at www.environment-agency.gov.uk/netregs/.

Waste Disposal

Lord Maginnis of Drumglass: asked Her Majesty's Government:
	Whether they will liaise with the Irish Republic on cross-border abuse of waste transportation.

Baroness Amos: My honourable friend the Minister with responsibility for the Environment in Northern Ireland (Angela Smith), has already met her counterpart in the Republic of Ireland (RoI) to discuss this and other issues of mutual interest.
	The Environment and Heritage Service (EHS) of the Department of the Environment has good working relationships with the relevant regulatory bodies in the RoI. It continues to exchange information on waste management issues with district councils and the RoI's Environmental Protection Agency (EPA).
	Recently, two working groups were set up by the EPA, one on transfrontier shipment of waste and the other on unauthorised waste activities. EHS is a member of both groups.
	The transfrontier shipment of waste working group focuses on strengthening the enforcement of the relevant regulations by local authorities. The unauthorised waste activities group will co-ordinate enforcement action to stem the cross-border movement of waste into Northern Ireland.

Northern Ireland: Diesel Sales

Lord Glentoran: asked Her Majesty's Government:
	What is their estimate of diesel road fuel sales in Northern Ireland in the year before the Belfast peace agreement and for each subsequent year.

Baroness Amos: Her Majesty's Government do not collect information on the sales of diesel road fuel in Northern Ireland. However amounts of DERV fuel delivered to Northern Ireland during the period 1997 to 2003 are as follows:
	
		
			 Year Thousand Tonnes of DERV fuel 
			 1997 338 
			 1998 274 
			 1999 212 
			 2000 150 
			 2001 171 
			 2002 193 
			 2003 241

Northern Ireland: Healthcare for the Elderly

Lord Laird: asked Her Majesty's Government:
	What plans they have to introduce a system of free healthcare provision for the elderly in Northern Ireland similar to that in Scotland.

Baroness Amos: In October 2002, the Northern Ireland Executive introduced a scheme of publicly funded nursing care for people in nursing homes. There are, however, no plans at present to introduce a scheme of publicly funded personal care for older people in Northern Ireland similar to that in Scotland.

Northern Ireland: School Admissions

Lord Glentoran: asked Her Majesty's Government:
	When they expect to publish their proposals to replace the current post-primary education and transfer tests in Northern Ireland.

Baroness Amos: The Government expect to publish proposals for new admissions arrangements, including admissions criteria, for consultation at the end of the year.

Israel: Human Rights

The Earl of Sandwich: asked Her Majesty's Government:
	Whether the Government of Israel are in breach of any articles concerning human rights under the European Union-Israel Association agreement; whether the Government have taken any legal advice on this matter; and whether they intend to raise this issue at a future meeting of the association.

Baroness Symons of Vernham Dean: We have raised our concerns about Israeli actions on human rights grounds with the Israeli Government both as the UK and through the EU. Following the recent violence in Gaza, EU Foreign Ministers, at the 11 October General Affairs and External Relations Council, condemned "the disproportionate nature of the Israeli military actions in the Gaza Strip".
	The legal services of the Commission and Council have not been asked for their opinion on whether Israel is in breach of any articles in the EU-Israel Association Agreement. We have not sought legal advice on this.
	The EU has regularly raised issues of concern, including human rights, at EU/Israel Association Councils. We, with other member states, will consider in due course what issues to raise at the EU/Israel Association Council scheduled to be held at the end of this year.

Parole Hearings: Mr Peter Chester

Lord Hylton: asked Her Majesty's Government:
	What action has been taken since March 2001 on the request of Mr Peter Chester, 889983, H M Prison Wakefield, for a review and oral hearing by the Parole Board; how many times a hearing has been postponed; and for what reasons.

Baroness Scotland of Asthal: The independent Parole Board last considered Mr Chester's case on the papers in December 2002, prior to the interim arrangements introduced as a result of the European Court of Human Rights (ECHR) judgment in Stafford.
	In April 2003, Mr Chester's solicitors requested that the case be referred back to the Parole Board for reconsideration at an oral hearing, and that a fresh set of reports should be obtained. According to the solicitors, the Parole Board listed the case for an oral hearing on two separate occasions. However, on neither occasion were the solicitors or the Secretary of State told and as a result the hearing did not proceed.
	In February 2004, a single member of the Parole Board considered the case under the interim arrangements and recommended that the case should proceed to a full oral hearing. That hearing was scheduled for early May 2004 but was deferred for three months at the request of Mr Chester's solicitors in order that they could commission an independent report.
	The deferred hearing was rescheduled to take place on 21-22 September. Unfortunately the judge was unable to attend and the Parole Board rearranged the hearing for 29 September. At that later hearing, Mr Chester's counsel requested a further deferral to enable witnesses to attend. The case has now been relisted for hearing in early December.

Prisons: Education

Lord Chadlington: asked Her Majesty's Government:
	How many GCSEs and A-levels were awarded last year in prisons and young offenders' institutions.

Baroness Scotland of Asthal: The information requested covers England and Wales and Northern Ireland. For information with respect to Scotland, I refer the noble Lord to the Scottish Executive. Current data collection systems mean that reporting on awards gained across the prison estate in England at GCSE and A-level would be at disproportionate cost.
	Data are collected on the number of basic skills qualifications and work skills qualifications gained. In 2003–04, the Prison Service delivered 46,500 basic skills qualifications against its key performance target of 36,600 and 109,237 work skills qualifications against a target of 58,000.
	The smaller size of the estate in Northern Ireland has meant that the Northern Ireland Prison Service was able to collect this information. During the past year a total of six GCSEs were awarded and three GCSE modules were completed.
	A number of essential skills qualifications were also achieved. These were at levels 1 and 2 which are equivalent to lower and higher passes at GCSE.
	
		
			 Essential Skills Level 1 Level 2 
			 Literacy 6 2 
			 Numeracy 11 11

Asylum Seekers: Children

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether the number of asylum-seeking children detained in the United Kingdom has increased since December 2003; and, if so, by how much.

Baroness Scotland of Asthal: Figures on the number of children detained in the United Kingdom solely under the Immigration Acts have been available on a quarterly basis since December 2003. However, the count of children detained on 27 December excluded minors detained with their families under non-suspensive appeal provisions at Oakington reception centre. These children were included in the published statistics for March and June 2004. For this reason the figures are not comparable.
	However the counts of children detained as at the end of March and June 2004 were carried out on the same basis, and can be compared. As at 27 March 2004, 30 people (all of whom were asylum detainees) who were detained solely under Immigration Act powers were recorded as being under 18 years old. As at 26 June 2004 this figure was 60. It is important to remember, however, that these figures are snapshots and that the total number of children detained with their families will fluctuate from day to day, depending on the number of families detained and their composition.
	Information on the number of people (including those under 18) detained solely under Immigration Act powers is published on a quarterly basis and the figures for March and June 2004 are already in the public domain. Information for those in detention at 25 September 2004 is due to be published on 16 November 2004 on the Home Office website: www.homeoffice.gov.uk/rds/immigrationl.html

Casinos

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What is their response to the report in the Times on 26 October that the Nevada Gaming Control Board has imposed fines upon MGM Mirage for failing to comply with United States measures to combat money laundering; and whether the report is correct in stating that MGM Mirage plans to develop super casinos in Newcastle upon Tyne, Sheffield and London.

Lord McIntosh of Haringey: I understand that the Gaming Board for Great Britain had already been made aware of this matter before it was reported in the press here, and had been able to consider it as part of its consideration of the company's fitness to be involved in the operation of a casino in Great Britain. It is not for the Government to speak for the company's business plan.

Child Support Agency: Debt Write-off

Lord Northbourne: asked Her Majesty's Government:
	How much debt from non-resident parents was written off by the Child Support Agency in the year to March 2004; and whether this sum has been made up by the Government to the parents within care to whom it was owed.

Baroness Hollis of Heigham: The agency does not have powers of debt write-off and therefore no debt in respect of non-resident parents was written off in the year to March 2004.

Disability Discrimination Act 1995: Railways

Lord Berkeley: asked Her Majesty's Government:
	What is their estimate of the cost of making surface rail and London Underground trains and stations fully compliant with the provisions envisaged in the Disability Discrimination Act 1995.

Lord Davies of Oldham: The costs of requiring all trains to be compliant with the regulations made under the DDA will depend on the date that by which time all non-compliant rolling stock must be made accessible. We consulted earlier this year on our proposals for setting an end date for all rolling stock to comply with the Rail Vehicle Accessibility Regulations. This indicated the Government's preferred date of 2025. The total capital costs of meeting that date are currently estimated at £33.4 million for surface rail and £71.1 million for the London Underground.
	No estimate is available for the costs of making all stations accessible. However the Strategic Rail Authority (SRA) is planning to consult soon on its draft disability strategy, which we expect will consider how best to allocate resources to help station operators to meet their obligations under Part 3 of the DDA.
	London Underground is committed to improving access and has developed a key network strategy. The strategy identifies 100 stations across the network (in addition 40 are already accessible), which covers all lines and major branches and gives good opportunities for accessible interchange both between lines and with other modes. Other stations will be linked to those on the key network by fully accessible bus services.